VA HB5058 | 2020 | 1st Special Session


Spectrum: Partisan Bill (Democrat 33-0)
Status: Engrossed on September 3 2020 - 50% progression
Action: 2020-09-25 - Constitutional reading dispensed (36-Y 0-N)
Text: Latest bill text (Comm Sub) [HTML]


Issuing citations; possession of marijuana and certain traffic offenses. Changes from a primary offense to a secondary offense the traffic infractions of operating a motor vehicle (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle. A secondary offense is one for which a summons can only be issued if the offender is stopped for another, separate offense. The bill also provides that no law-enforcement officer may lawfully search or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding. The bill prohibits the enactment of a local ordinance establishing a primary offense when the corresponding provision in the Code of Virginia is a secondary offense. The bill prohibits any local ordinance relating to the ownership or maintenance of a motor vehicle from being cause to stop or arrest a driver of a motor vehicle unless such violation is a jailable offense. The bill prohibits a law-enforcement officer from issuing a citation for jaywalking or entering a highway where the pedestrian cannot be seen unless the pedestrian is also stopped for another, separate offense. The bill provides that law-enforcement officers are not permitted to stop a motor vehicle for an expired safety inspection or registration sticker until the first day of the fourth month after the original expiration date. The bill also provides that no evidence discovered or obtained due to an impermissible stop is admissible in any trial, hearing, or other proceeding.

Tracking Information

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Marijuana and certain traffic offenses; issuing citations, etc,


Roll Calls

2020-09-25 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 4 Abs: 0) [PASS]
2020-09-24 - Senate - Senate: Reported from Finance and Appropriations (11-Y 5-N) (Y: 11 N: 5 NV: 0 Abs: 0) [PASS]
2020-09-16 - Senate - Senate: Reported from Judiciary with substitute (8-Y 1-N) (Y: 8 N: 1 NV: 0 Abs: 0) [PASS]
2020-09-04 - House - House: VOTE: Passage (54-Y 44-N) (Y: 54 N: 44 NV: 1 Abs: 0) [PASS]
2020-08-26 - House - House: Reported from Courts of Justice (13-Y 7-N) (Y: 13 N: 7 NV: 1 Abs: 0) [PASS]


2020-09-25SenateConstitutional reading dispensed (36-Y 0-N)
2020-09-24SenateReported from Finance and Appropriations (11-Y 5-N)
2020-09-16SenateRereferred to Finance and Appropriations
2020-09-16SenateCommittee substitute printed 20201175D-S1
2020-09-16SenateReported from Judiciary with substitute (8-Y 1-N)
2020-09-09SenateReferred to Committee on the Judiciary
2020-09-09SenateConstitutional reading dispensed
2020-09-04HouseVOTE: Passage (54-Y 44-N)
2020-09-04HouseRead third time and passed House (54-Y 44-N)
2020-09-03HousePrinted as engrossed 20200751D-E
2020-09-03HouseEngrossed by House as amended HB5058E
2020-09-03HouseAmendments by Delegate Hope agreed to
2020-09-03HouseRead second time
2020-08-28HouseRead first time
2020-08-26HouseReported from Courts of Justice (13-Y 7-N)
2020-08-18HouseReferred to Committee for Courts of Justice
2020-08-18HousePrefiled and ordered printed; offered 08/18/20 20200751D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
152919(n/a)See Bill Text
182250.1(n/a)See Bill Text
4621003(n/a)See Bill Text
4621013(n/a)See Bill Text
4621014(n/a)See Bill Text
4621014.1(n/a)See Bill Text
4621030(n/a)See Bill Text
4621049(n/a)See Bill Text
4621052(n/a)See Bill Text
4621054(n/a)See Bill Text
4621094(n/a)See Bill Text
4621157(n/a)See Bill Text
4621300(n/a)See Bill Text
462334.01(n/a)See Bill Text
462335(n/a)See Bill Text
462646(n/a)See Bill Text
462810.1(n/a)See Bill Text
462923(n/a)See Bill Text
462926(n/a)See Bill Text

Virginia State Sources

Bill Comments